Terms of Service

PLEASE READ THESE TERMS OF USE PRIOR TO ACCESSING OR USING THE APPLICATIONS.

These Terms of Use govern and apply to your access and use of Umapped’s website ( www.umapped.com ) and the download from such website or various application shops, including the Apple iTune Store and Google Play Store, and your subsequent access and use of Umapped’s mobile and web applications and software (the website and such mobile and web applications and software being collectively referred to as the “Applications”). By accessing any part of the Applications, you represent that you have reviewed and understand the Terms of Use set out in this agreement and that you irrevocably agree, without limitation or qualification or modification, to be bound by the terms and conditions of these Terms of Use (the “Agreement”).

Umapped Inc. (“Umapped” or “we”) reserves the right at any time, at our sole discretion, to change or otherwise modify this Agreement, and your continued access or use of the Applications signifies your acceptance of such updated or modified Agreement. Please periodically revisit this Website to review such updates. Please note that the last update was performed on July 5, 2013. If the modified terms are not acceptable, please do not access or use the Applications.

1. Privacy Policy.

The use of the Applications is subject to the Umapped Privacy Policy, which can be accessed at http://www.umapped.com/mobile/privacy.html. By accessing and using the Applications, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy, which shall be deemed to be incorporated herein in full.

2.Use of the Applications.

Your rights with regard to accessing the Applications may be suspended, terminated or restricted at any time at the sole discretion of Umapped, for any reason whatsoever, without any liability to Umapped. Umapped is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights in contract or in law that Umapped may choose to enforce.

3. Account.

You are responsible for maintaining the security of your account and password. Should any charges or damages occur due to your not taking reasonable care of your account or password, you agree that you will be held solely responsible therefor, notwithstanding any negligence or misconduct on the part of Umapped.

The Applications may contain links to other websites and apps that are operated by third parties, and are not under the control of Umapped. Umapped is not responsible for, and expressly excludes all liability with relation to these linked websites which you access and use at your own risk, and Umapped makes no representations, warranties or conditions concerning the linked websites or their contents, products or services.
In addition to the terms of use detailed throughout this document you will be bound to the Google Terms of Use .

6. Disclaimer.

TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THE APPLICATIONS IS AT YOUR OWN RISK, AND UMAPPED HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE APPLICATIONS AND YOUR ACCESS AND USE THEREOF. THE APPLICATIONS ARE PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, INCLUDING WITHOUT LIMITATION ERRORS AS TO [PRICING] OR INFORMATION WHICH MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON WITHOUT INDEPENDENT VERIFICATION. UMAPPED RESERVES THE RIGHT TO MAKE CHANGES AND CORRECT ITEMS ON THE APPLICATIONS, AND DOES NOT GUARANTEE ITS ACCURACY.

7. No Maintenance and Support Obligation.

Umapped has no obligation to furnish any maintenance and support services with respect to the Applications.

8. Limitation of Liability.

YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE EXCEPT IN RELATION TO LIABILTY FOR PERSONAL INJURY. IN NO EVENT SHALL UMAPPED BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED (EXCEPT THOSE FOR PERSONAL INJURY), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS, DISPLAY OR USE OF THE APPLICATIONS (INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON INFORMATION OR OPINIONS THAT APPEAR ON THE APPLICATIONS, ANY INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE APPLICATIONS, OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THE APPLICATIONS). UMAPPED SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. UMAPPED HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF UMAPPED WAS INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVE MENTIONED DAMAGES. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN UMAPPED AND YOU.

9. Content.

Notwithstanding any other provision herein, please be aware that by submitting content to the Applications by electronic mail, postings on the Applications or otherwise, including any information related to a trip, reviews, questions, comments, suggestions, feedback, ideas or the like contained in any content (collectively, “Content”), you grant Umapped a nonexclusive, worldwide, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, with or without the name you used to make such submissions. You do further acknowledge and agree that your Content are not your confidential or proprietary information. We take no responsibility and assume no liability for any Content posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Content. We reserve the right to store personal information submitted by you the user at the time of making a submission, including name, city, country and email.

You can modify or delete your personal information and manage your preferences. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Applications and/or elsewhere. We are not responsible or liable for the content of the Content, nor for the removal or deletion of (or the failure to remove or delete) any Content on the Applications. You acknowledge that Umapped may exercise its rights (e.g. use, delete) to your Content without notice to you.

10.Restrictions.

We ask that you respect the Applications and other users when posting Content and using the Applications. When submitting Content to or otherwise using the Applications, you agree not to post or transmit to or from the Applications:

a. Any unlawful, hateful, racially or ethnically offensive, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;

b. Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and

c. Any material or content that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent right or other proprietary right of any third party;

d. Any falsehoods or misrepresentations that could damage us, our users or any third party;

e. Any private information concerning another person, such as their address, phone number, email address, and similar information without their permission;

f. Anything which impersonates another person or represents yourself as affiliated with us, our staff or other industry professionals;

g. Anything which solicits a user’s password or other account information;

h. Anything which harvests user names, addresses, or email addresses for any purpose; and

i. Any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.

The above list is an example only and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Applications or to review or edit any Content, but we have the right to do so for the purpose of operating the Applications, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Our Applications may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Applications:

a. Attempt to access or search the Applications or download Content from the Applications through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;

b. Access, tamper with, or use non-public areas of the Applications, our computer systems, or the technical delivery systems of our providers;

c. Gather and use information, such as other users’ names, real names, email addresses, available through the Applications to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;

d. Use the Applications for any commercial purpose or for the benefit of any third party or in any manner not by these Terms of Use;

e. Violate any applicable law or regulation; or

f. Advocate, encourage, or assist any other individual to doing any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Applications.

a. Your access and use of the Applications, including a dispute between you and any other users of the Applications;

b. Your breach of any of the provisions of this Agreement; and

c. Any content which you post on the Applications.

12. Software and Code Ownership.

Please note that all applications and software that are part of the Applications, including, without limitation, all HTML code, is owned by Umapped, and/or its respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of such software or of any code used in connection therewith is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SUCH SOFTWARE OR CODE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Portions of the Umapped applications are subject to the licences at http://www.umapped.com/mobile/attribution.html .

13. Additional Terms Applicable to IPhone or IPad Applications.

Notwithstanding anything to the contrary in these Terms of Use, the following additional terms shall apply to any Applications downloaded for use on the iPhone, or iPad:

a. Acknowledgement:
By accessing any part of the Applications, you acknowledge that these Terms of Use are concluded solely between you and Umapped, and not with Apple Inc. or any other entity of the Apple group (collectively, “Apple”), and that Apple is not responsible for the Application and the content thereof. You further acknowledge that the usage rules for the Application are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Application, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive.

b. Scope of License:
The right granted to you hereunder is limited to a non-exclusive and non-transferable license to use the Applications on any iPhone or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

c. Maintenance and Support:
By accessing any part of the Applications, you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications.

d. Warranty:
By accessing any part of the Applications, you acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Applications. In the event of any failure of the Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. You further acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Umapped. However, you understand and agree that in accordance with these Terms of Use, Umapped has disclaimed all warranties of any kind with respect to the Application, and therefore, there are no warranties applicable to the Applications.

e. Product Claims:
By accessing any part of the Applications, you acknowledge that, as between Apple and Umapped, Umapped (and not Apple) is responsible for addressing any claims of the end-user or any third party relating to the Applications or the end-user’s possession and/or use of that Applications, including, but not limited to: (i) product liability claims; (ii) any claim that any of the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f . Intellectual Property Rights:
By accessing any part of the Applications, you acknowledge that, in the event of any third party claim that any of the Applications or the end-user’s possession and use of any of these Applications infringes that third party’s intellectual property rights, Umapped (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms of Use.

g. Legal Compliance:
By accessing any part of the Applications, you will be deemed to have represented and warranted that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

i. Third Party Beneficiary:
By accessing any part of the Applications, you acknowledge and agree that Apple is a third party beneficiary of these Terms of Use, and that, upon the end-user’s acceptance of the terms and conditions contained in these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against the end-user as a third party beneficiary thereof).

14. Release

You hereby grant to Umapped a full and final release and forever acquit and discharge Umapped of and from all claims, actions, causes of action, suits, proceedings and demands of whatsoever nature, character or kind which you can, shall or may have against Umapped, which relate to:

a. Your access and use of the Applications;

b. Any content which you post on the Applications.

Miscellaneous

The Applications, any access or use of the Applications and any dispute relating thereto shall be governed and construed by the laws applicable to the Province of Quebec (and the laws of Canada applicable therein), without regard to conflict of law rules. Both Umapped and you agree to the exclusive jurisdiction of the courts of the District of Montreal, Province of Quebec.

Any indemnity in favour of Umapped, and any release of Umapped, shall also include an indemnity or release, as the case may be, of its shareholders, directors, officers, employees and agents.

Except to the extent that you are a travel agency or other similar organization that has entered into a Software License Agreement with us, which shall prevail over these terms of use, this Agreement and the Privacy Policy shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.

Umapped’s failure to enforce at any time or for any period any one or more of the terms set forth herein shall not be a waiver of them or the rights attaching to any of them.

Should any provision of this Agreement be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.